Thank you for the reply - it grates to know it failed because I didn't know any better

I have not been back on here for a while due to many other personal issues. Please does anyone know if a set aside application can be made more than once on different grounds? Any help will be much appreciated

I have a book containing terms and conditions (far too big to copy & post on here) - any idea where I should be looking? Is there likely to be something stating 'all monies charge'?

Thanks Lea...unfortunately, I am confused by this twist. They haven't provided the agreement despite many requests so it will be difficult to get anything done on that angle b4 tuesday. So I have pointed this out in my statement and will keep the ss.8 & 36 in my war chest. I thought because the other lending was on a OD, the Coutts v. Seb case might come in useful? Do you have any thoughts on this?

xx

please can anyone tell me what it means to adjourn a money judgment generally? what are the implications?

thanks - that's a great help.

Please does anyone know if I offer monthly payments less than what the bank wants whether the Judge automatically grants the repo? For example, if the bank says the monthly payments are £500 and I offer £350 (which is what I can demonstrably afford), whether this is ceratin to end in a repo being granted or the court will take circumstances into account? For anyone willing and able to help, your comments are appreciated. Thanks - atom

clearly no assistance forthcoming then?? incredible

I have been making token payments of £35 towards the OD which I can probably continue maintain in the meantime.

no, unfortunately not but I have an offer likely to be confirmed in september.

Hi Ell-enn, Thank you for looking in. To avoid repetition and possibly omissions (am not thinking straight just now), please see the attachment in post #3. Yes - they are demanding the amount they say it is overdrawn by. They have called it a mortgage current account OD and want the current interest amount of £200 per month, which I can't afford. For the other questions, here are some answers: 1. Not at the moment but might be able to in about a month or two. Unfortunately, don't have untill then... maybe this hands them the repo? I don't know. But am trying to raise some money to make the monthly payments until I get back to work or sell up. 2. No 3. No 4. Haven't missed any payments, just haven't paid the full monthly amounts 5. job loss and illness (parent) in the family and at the same time, my other half having to have life-saving surgery while abroad. So all savings gone to that while I struggled for months to make part payments to the mortgage. Verbally tried so far (all recorded). I appreciate your help. atom

Please do not apologise. Sorry if my answers are a bit curt. My reserves are being tested by this experience

any pointers to deal with this please?

no - it isn't. Just a fixed rate mortgage I asked for and to which they bolted an OD acct. I nolonger have any other active accts with them. At the end of the fixed rate, a new rate (as above) is applicable

- it was on a fixed rate on which they have been making over 5% gain on but it drops now to base rate plus x% Please see my answers above. thanks.

I have received a claim form for a hearing on 6th sept. The arrears are approx 12k (including charges of over £1000) so I cannot pay it off at once but have tried to make an arrangement with the company. Only this seems like a moving feast: they have added a few £s to the normal monthly payment and though the interest rate changes to a much lower rate b4 the end of august, I tried to make an arrangement on the basis of the new rate since this will take a forward view of affordability but the bank says they are not sure what those payments will be yet. This places me in an impossible position - literally.

thanks - how can one stop a repo? Queues for CAB access are blocks long and I don't have more than 2 weeks. Can someone give me some general direction please?

Hi Gaston, Thanks for your input. I accept what you've said about consent and am working towards trying to sort things out but this is crisis. Surely, even if there is consent, shouldn't I have had some sort of terms clearly spelt out by the bank at the start or later? Sadly though, the rate of interest is higher than the mortgage rate and even the bank isn't able to confirm what this is. It makes me wonder... atom

Hi rebell, I think I can perhaps challenge the OD as it appears to have been bolted onto the mortgage contract without its own separate agreement that states what the interest rate and other information are. I actually also didn't ask for it. It seems as my mortgage balance has decreased, the OD limit has increased (in some proportion that isn't clear) as a result of which they continue to have room to apply interest with which they have maxed out the initial limit even after I asked to make an arrangement to pay token amounts back. This leaves me in a situation whereby I could (in theory) probably never manage to pay off my mortgage & OD. Also, if I settle the mortgage, the OD gets precedence as they use the money to pay it off first before the mortgage. I don't think this is right but I need some help to challenge it if the more knowledgeable ones here believe there is mileage in this. atom

Hi rebel11, Thanks for your quick reply. I have copied the main parts of the POC (attached). Please what do you need to know? Here is some background: (1) I took the account out in 2004 and they added a current/OD account & cheque book to it, which I was told I had to have with the specific product. (2) In difficult times since, I have drawn some money on it but frankly don't know what the interest rate is. (3) A few months ago, the acct was terminated by sharkleys under s89 (I think - need to find the letter). Before then, I tried to make an arrangement for both mortgage & OD and was told they would only help if I (God forbid!) suffered from a terminal illness (4) I served an s77 - 79 request and got one 'made up' agreement for my old CC (5) Since then, I have heard nothing, was away most of the time looking after a parent who had had surgery... (6) Possession claim arrived. Does this provide enough info - of course I have to be careful as this is an open forum but happy to throw more light on any of it if it helps anyone to help me. atom POC - Mortgage.pdf

Dear all, I need some urgent help with a repo that includes an overdraft (apparently secured on my home without my knowledge - well, until now!!!!!!!!) Please can someone assist me with defending this claim or at least the OD part of it? I know they are covered by CCA but exempt from a part of it but has anyone had any successes with defending OD claims? I need this help urgently - please, please, please...I have suffered a great deal from default judgments I was too late to overturn. i do not want to have the same happen here over an OD atom

Does anyone actually know what an underwriting sheet should actually look like? I have no idea and despite requesting an underwriting sheet from GE for a loan, I have not got one and wouldn't even know what to look out for...

Hi FG, I have been thoroughly devasted since my last post here and the december hearing as this did not go well at all and the set aside was reversed by the same judge who had set it aside in the 1st place. The Claimant's solicitors filed a witness statement in which they lied about not receiving the 31.14 request. Above all, the judge said the original set aside application was made more than 90 days after he deemed I knew about it. Truly bizzare hearing but it seems as an LIP I stood no chance. I still appreciate your help though. atom

Thanks for looking in .... am close to my wit's end with this